PARVEZ ALAM, DR. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sikandar B. Kochar, learned counsel for the applicant, Sri Rajeshwar Singh and Sri J.P.S.Chauhan, learned A.G.A. for the State and perused the material on record.

(2.) The present application under Sec. 482 Cr.P.C. has been filed for quashing the order dtd. 28/7/2022 passed by learned Chief Judicial Magistrate, Bulandshahr in Criminal Case No. 5259 of 2020 (State Vs. Dr. Parvez Alam) arising out of Case Crime No. 0228 of 2020 under Ss. 420, 409 I.P.C. Police Station Shikarpur, District Bulandshahr, whereby the application for further investigation of the matter on the basis of documents adduced by the applicant, has been rejected.

(3.) Learned counsel for the applicant submits that on the complaint filed by the opposite party no.2 the District Inspector of Schools, Bulandshahr conducted an enquiry, in which the applicant was found guilty, thereafter the matter was referred to the Joint Director (Education) Meerut, Zone, who issued a show cause notice to the applicant, which was specifically replied by the applicant and after considering the reply of the applicant, the Joint Director (Education), exonerated the applicant from the charges levelled against him. It is further contended that when the applicant was discharged from the charges levelled against him, the applicant moved an application before the Senior Superintendent of Police, Bulandshahr as well as before the Investigating Officer of the Case Crime No. 0228 of 2020 to investigate the matter after considering the documents furnished by him, however the same was not considered during the investigation and charge sheet dtd. 15/10/2020 was submitted against the applicant under Sec. 409, 420 I.P.C. He further submits that the learned Magistrate while taking cognizance, failed to consider the factual and legal aspect of the matter and in a routine manner took cognizance upon the charge sheet. Thereafter, the applicant moved an application before the learned Court below to direct the Investigating Officer to further investigate the matter in light of the documents adduced by him, however the same has been illegally rejected by the learned Court below. Learned counsel has next argued that the very basis of lodging of the F.I.R. was the enquiry report dtd. 5/5/2020 wherein the applicant was found guilty, thereafter, the show cause notice was issued by Joint Director of Education, Meerut Zone, Meerut, which was replied by the applicant and after considering the reply, the applicant was exonerated from the charges levelled against him and therefore the basis for lodging of the FIR does not survive any more. The learned Magistrate ought to have considered the documents sought to be relied upon by the applicant so that justice may be done, therefore the impugned order is illegal, arbitrary and is liable to be quashed by this Court.